This book examines the disclosure and withholding of all forms of
confidential information handled by professionals. Fully revised
and updated, the new edition examines the numerous recent
developments in the law, particularly following revelations by the
media of the interception of professional confidences by phone
hacking and other means. Its primary focus is on the law of England
and Wales, but it includes insights from the secondary literature
and case law of Australia, Canada, Ireland, New Zealand, and
Scotland. This allows it to predict how English courts may fill
gaps in the law, and makes it a useful resource for practitioners
in other common law jurisdictions. The book begins with a
discussion of the basic principles of confidentiality, including
types of confidential information, confidentiality obligations,
disclosures, and confidentiality obligation. Part I examines the
legal instruments for the enforcement of confidentiality, including
contractual obligations, tort of misuse of private information,
equitable wrongs, actions against third parties, civil remedies and
criminal offences, and remedies beyond the courts. Part II
discusses justified disclosure, including those relating to public
interest, official investigations, administration of justice,
consent and waiver, and lapsed confidentiality. Part III analyses
the grounds for justified non-disclosure, including legal
professional privilege, public interest immunity, contractual or
equitable obligations, data protection and freedom of information,
privacy protection, and non-disclosure to client. Finally, Part IV
discusses limiting the extent of a lawful disclosure, dealing with
circulation restrictions, public reporting, anonymity, court
attendance restrictions, and collateral use. This is an essential
reference for those advising either the professional or the
individual client on issues relating to the disclosure of
confidential personal information.
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